Apple Faces Class Action Lawsuit Over Unresponsive iPhone 6 Touchscreens

Thomas Davidson of Pennsylvania, Todd Cleary of California, and Jun Bai of Delaware have filed a class action lawsuit against Apple over an alleged defect that causes iPhone 6 and iPhone 6 Plus touchscreens to become unresponsive and fail, according to court documents filed electronically this week.

The class action complaint, filed with the U.S. District Court for Northern California, accuses Apple of violating California's consumer fraud statutes, through fraud, negligent misrepresentation, breach of implied warranty, unjust enrichment, and for violations of the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act.

Apple has long been aware of the defective iPhones. Yet, notwithstanding its longstanding knowledge of this design defect, Apple routinely has refused to repair the iPhones without charge when the defect manifests. Many other iPhone owners have communicated with Apple's employees and agents to request that Apple remedy and/or address the Touchscreen Defect and/or resultant damage at no expense. Apple has failed and/or refused to do so.

As a result of Apple’s unfair, deceptive and/or fraudulent business practices, owners of the iPhones, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or value. The unfair and deceptive trade practices committed by Apple were conducted in a manner giving rise to substantial aggravating circumstances.

The complaint, lodged by California law firm McCuneWright, LLP, seeks an order that requires Apple to repair, recall, and/or replace affected iPhones and to extend the warranties of those devices for a reasonable period of time. The plaintiffs also seek unspecified damages. A jury trial has been demanded.

The lawsuit cites repair website iFixit, which last week shared a blog post and video about the defect, nicknamed "touch disease." The defect presents as a gray flickering bar at the top of the screen and a display that's unresponsive or less responsive to touch. The problem is said to be caused by the touchscreen controller chips soldered to the iPhone's logic board losing contact after a period of normal usage.


The complaint specifically claims that Apple's failure to incorporate a "metal shield" or "underfill" over the logic board, as it did with the iPhone 5s and iPhone 5c respectively, makes the iPhone 6 and 6 Plus "substantially less durable to foreseeable and reasonable use by consumers and ultimately causes the touchscreen defect."

iPhone-5s-metal-shield
iFixit said the defect has affected a growing number of iPhone 6 and iPhone 6 Plus owners, citing its own repair shop colleagues and dozens of complaints on the Apple Support Communities. Multiple customers who brought their iPhones to Apple Stores were told that Apple doesn't recognize it as an issue and nothing could be done as their iPhones were no longer covered by warranty.

Update: Those that wish to join the class action lawsuit can contact law firm McCuneWright LLP.

Tag: lawsuit
Related Forum: iPhone

Top Rated Comments

A7ibaba Avatar
66 months ago
"Apple doesn't recognize it as an issue". Now it will recognize for sure
Score: 16 Votes (Like | Disagree)
BootsWalking Avatar
66 months ago
Once again Apple must be forced into doing the right thing by its customers and cover this manufacturing/design defect for longer than the original stated warranty. It doesn't have to be this way Apple.
Score: 16 Votes (Like | Disagree)
sracer Avatar
66 months ago
Yes lets join in, pad the pockets of the lawyers, and get nothing ourselves.

I am sure there are plenty of people who Apple has helped, but we won't hear about it. It's nothing about media. In tech, compliments are rare, but when people feel shorted our culture appears to reward more for complaining.

Not defending Apple, but I am not sure what people are expecting on a failure that happens outside of Warranty. Granted, it would be poor for Apple to expect customers to foot the bill for such an expensive phone that isn't even 2 years old yet. Perhaps the iPhone 7 will have a 2 year base warranty?

We can only hope.
It's escalating quickly. In less than a week we've gone from #8 to #12. For those who are experiencing the problem hang in there... Apple should be admitting to it (#13) and offering a solution soon.


Here's the typical cycle for problems reported on Apple products:
1. A few members post reports of the problem, report it to Apple
2. No response from Apple
3. Increased number of people report the issue
4. No response from Apple
5. Apple apologists dismiss the reports as very rare, the result of trolling, or exaggeration by drama queens
6. Even more reports of the problem
7. No response from Apple
8. News of the problem hits blogs
9. Apple apologists dismiss the blogs as simply engaging in clickbait
10. No response from Apple
11. Those affected by the issue threaten a class-action lawsuit
12. Apple apologists decry the "sue happy" nature of American consumers
13. Apple acknowledges the legitimacy of the problem
14. Apple apologists are silent
15. Apple release an update to correct the problem
or
15a. They set up a "program" to address the problem.
16. Apple gains some positive publicity
17. Apple apologists applaud Apple for doing the "right thing". (for an issue that they said from day-1 was not actually an issue)
18. First hand experience with the “program” reveals very strict guidelines and restrictions that greatly reduce the number of affected customers that can participate in the program.
Score: 16 Votes (Like | Disagree)
ACG12 Avatar
66 months ago
Good. When you spend $1000 on a phone, it should last more than 1 year and 10 months.
Score: 14 Votes (Like | Disagree)
Cole Slaw Avatar
66 months ago
They took some engineering shortcuts here; they should make it right. And by right I don't mean a refurb replacement as those suffer the same defect.
Score: 13 Votes (Like | Disagree)
ValPower Avatar
66 months ago
Not defending Apple, but I am not sure what people are expecting on a failure that happens outside of Warranty.
People are expecting it to not fail catastrophically and irreparably after 2 years of normal use. They are expecting that it's performance would diminish gradually so they could either continue to use it for a little bit longer or sell it back for more than zero dollars to buy the latest, expensive, unsubsidized model in the wash-rinse-and-repeat cycle that keeps Apple making money.

A replacement that addressed the design issue or a trade-in credit equal to the phone's value had it NOT had the design issue would be a start.
Score: 10 Votes (Like | Disagree)

Top Stories

m1x mac mini screen feature

High-End 'M1X' Mac Mini With New Design and Additional Ports Expected to Launch in the 'Next Several Months'

Sunday August 22, 2021 5:59 am PDT by
Apple can be expected to launch an updated high-end Mac mini with a new design and a faster "M1X" Apple silicon processor in the "next several months," Bloomberg's Mark Gurman reports. In the latest publication of his Power On newsletter, Gurman writes that a new high-end Mac mini, which has previously been reported to feature a new design with additional ports, can be expected to replace...
mac scanner permission error

Apple Says Fix Planned for 'You Do Not Have Permission to Open the Application' Error When Using a Scanner on Mac

Saturday August 14, 2021 6:15 am PDT by
In a newly published support document on its website, Apple has acknowledged an error that some users may receive when they try to use a scanner with a Mac in the Image Capture app, Preview app, or the Printers & Scanners section of System Preferences. A screenshot of the error message from the HP Support Community When attempting to use a scanner with a Mac, Apple said users might get an...
macbookpro13large

macOS Big Sur Update Bricking Some Older MacBook Pro Models

Sunday November 15, 2020 5:33 am PST by
A large number of late 2013 and mid 2014 13-inch MacBook Pro owners are reporting that the macOS Big Sur update is bricking their machines. A MacRumors forum thread contains a significant number of users reporting the issue, and similar problems are being reported across Reddit and the Apple Support Communities, suggesting the problem is widespread. Users are reporting that during the...
original iphone

Phil Schiller Says iPhone Was 'Earth-Shattering' Ten Years Ago and Remains 'Unmatched' Today

Monday January 9, 2017 7:15 am PST by
To commemorate the tenth anniversary of the iPhone, Apple marketing chief Phil Schiller sat down with tech journalist Steven Levy for a wide-ranging interview about the smartphone's past, present, and future. The report first reflects upon the iPhone's lack of support for third-party apps in its first year. The argument inside Apple was split between whether the iPhone should be a closed...
m1 imac orange

New iMac Tidbits: Headphone Jack on Side, Ethernet Port on Power Adapter, Spatial Audio and WiFi 6 Support, No SD Card Slot

Wednesday April 21, 2021 6:38 am PDT by
Apple yesterday announced a completely redesigned 24-inch iMac with the M1 Apple silicon chip. The new iMac, the first major redesign of the Mac desktop computer since 2012, has several changes compared to the previous generation. In the aftermath of the event, a few new features and tidbits may have slipped under the radar, so we’ve compiled this list of some of the less-talked-about...
omg lightning cable comparison

Security Researcher Develops Lightning Cable With Hidden Chip to Steal Passwords

Thursday September 2, 2021 6:59 am PDT by
A normal-looking Lightning cable that can used to steal data like passwords and send it to a hacker has been developed, Vice reports. The "OMG Cable" compared to Apple's Lightning to USB cable. The "OMG Cable" works exactly like a normal Lightning to USB cable and can log keystrokes from connected Mac keyboards, iPads, and iPhones, and then send this data to a bad actor who could be over a...
Top Stories 75 Thumbnail

Top Stories: Last-Minute iPhone 13 Rumors, Apple Announces App Store Changes, and More

Saturday September 4, 2021 6:00 am PDT by
The finish line is in sight! Apple's annual iPhone event is likely just a week or so away and all eyes will be on the company as it unveils the next version of its most popular product line. With any luck, we'll also see the next-generation Apple Watch and perhaps even some new AirPods. Other news this week saw Apple making some more changes to its App Store policies in response to a...
General YouTube Feature 1

YouTube Premium and Music Surpass 50 Million Subscribers

Friday September 3, 2021 2:19 am PDT by
YouTube says it has passed 50 million subscribers for its Premium and Music subscriptions, making it the "fastest growing music subscription" service in the world, according to YouTube's global head of music, Lyor Cohen. YouTube says that it has more than 50 million paying subscribers collectively across YouTube Premium and YouTube Music. The Google-owned service says it attributes this...
iPhone 13 Dummy Thumbnail 2

Full iPhone 13 Feature Breakdown: Everything Rumors Say We Can Expect

Tuesday August 31, 2021 7:50 am PDT by
With the launch of Apple's iPhone 13 lineup believed to be just a few weeks away, we have compiled all of the coherent rumors from our coverage over the past year to build a full picture of the features and upgrades coming to the company's new smartphones. For clarity, only explicit improvements, upgrades, and new features compared to the iPhone 12 lineup are listed. It is worth noting that...
apple wallet drivers license

Apple Announces First U.S. States That Will Let You Add Your Driver's License to Your iPhone

Wednesday September 1, 2021 6:15 am PDT by
Apple today announced the first U.S. states that will be rolling out the ability for residents to add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch. Arizona and Georgia will be the first states to support the feature, with Connecticut, Iowa, Kentucky, Maryland, Oklahoma, and Utah to follow, according to Apple. Apple said select TSA security checkpoints in ...